Legal Opinion

Holcomb v. Magee

Appellate Court of Illinois

Decided March 9, 1920No. Gen. No. 6,748PublishedCited by 17 opinions

Appeal from the Circuit Court of Peoria county; the Hon. John M. Niehaus, Judge, presiding. Heard in this court at the October term, 1919.

1Opinion of the CourtJustice Dibell

M. D. Holcombe sued Dr. Harry B. Magee and Dr. Robert A. Hanna, in' an action .on the case for malpractice and filed a declaration containing three counts, to which defendants pleaded a joint plea of not guilty. There was a jury trial. At the close of plaintiff’s evidence each defendant made a separate motion to exclude all the evidence and to find that defendant not guilty. Those motions were denied, defendants rested without offering any evidence, and plaintiff had a verdict assessing him damages at $6,000. Defendant Hanna made a separate motion for a new trial and both defendants made a…

2Cases cited19 opinions

  1. Brown v. PiperSupreme Court of the United States · 1875
  2. Illinois Central Railroad v. SmithIllinois Supreme Court · 1904
  3. McNulta v. LockridgeIllinois Supreme Court · 1891
  4. Chicago Union Traction Co. v. JerkaIllinois Supreme Court · 1907
  5. City of Chicago v. DidierIllinois Supreme Court · 1907

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3Cited by17 opinions

  1. Mielke v. Condell Memorial HospitalAppellate Court of Illinois · 1984
  2. Greenberg v. Michael Reese HospitalIllinois Supreme Court · 1980
  3. Fehrman v. SmirlWisconsin Supreme Court · 1963
  4. Morgan v. Children's HospitalOhio Supreme Court · 1985
  5. Whitmore v. HerrickSupreme Court of Iowa · 1928

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